Terms of use

Marcus Blackmore’s Blog Terms & Conditions

Welcome to my Blog. These are my Terms & Conditions for use of this Blog which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds.

1.      Conditions of Use

This Blog is operated by Marcus Blackmore (MCB).   MCB retains the right at all times to monitor, retain or disclose any material posted on this Blog as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Your use of this Blog is governed by these terms and conditions and any additional terms and conditions which may be posted to my Blog from time to time (Terms).

By participating in and continuing to use this Blog, you agree to be bound by the Terms which will apply whenever you access this Blog, regardless of how you access this Blog.   Please be aware that by posting to this Blog, you are adhering to the Terms.

2.      MCB’s Rights

MCB reserves the right to do any of the following at his sole discretion:

(a)     Select material to be posted on this Blog;

(b)     Remove any material on this Blog at any time;

(c)     Amend, alter, edit or delete any material you submit, without any right of attribution to you; and

(d)     Terminate your access to this Blog, should we believe that you have breached the Terms in any way.

3.     Your Obligations

(a)     You will not post any material on this Blog:

(i)      That is not original material or for which you own copyright;

(ii)     Which infringes the intellectual property rights of any third party;

(iii)    That contains personal information of third parties, such as telephone numbers, postal or e-mail  addresses;

(iv)    That is unlawful, or makes reference to illegal activities, or which is prohibited by these Terms;

(v)     That is considered by MCB to be offensive, abusive, obscene, defamatory, threatening, indecent or which is sexual or pornographic in nature;

(vi)    That vilifies, insults, or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(vii)   That contains profanity or spiteful remarks

(viii)  That advertises or promotes goods or services, websites, competitions, schemes or any other matter;

(ix)    That contains false, misleading or deceptive information or misinformation, rumour or hearsay;

(x)     That you do not have a right to post because of any law or arising out of a contractual obligation;

(xi)    That contains viruses, or other malicious code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(xii)  That MCB considers is engaging in spamming, flaming or any other hostile activity in relation to this Blog.

(b)   When you submit content to this Blog in any format, including any text, photographs, graphics, video or audio, you grant MCB a non-exclusive, royalty-free, perpetual licence to publish that content and in this regard:

(i)     You agree that MCB can use that content in any way, now and in the future. MCB also reserves the right not to use the content you submit;

(ii)    You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law and you waive any moral rights in your contribution for the purposes of its submission to and publication on this Blog; and

(iv)   You indemnify MCB against any and all legal fees, damages and other expenses that may be incurred by MCB as a result of a breach of the above warranty.

4. Liability for Material

Any opinions expressed in material posted on this Blog are not and are not in any way represented as being the opinions of any company of which MCB is a shareholder or director or of any related companies or suppliers.

MCB:

(a)    is not responsible for, and does not accept any liability in respect of, any material posted on this Blog; and

(b)    does not check the content or accuracy of any such material

5. Disclaimers

The material contained on this Blog is for general discussion purposes only.  You should not rely on any material contained on this Blog and I accept no responsibility or liability whatsoever for any loss or damage you may suffer as a result of your reliance on any material posted on this Blog.

MCB makes no representation or warranties:

(a)    In relation to any of the material on this Blog (including any warranties as to the quality, accuracy, completeness or fitness for any particular purpose of such material);

(b)    That the material is virus free.  You should take your own precautions in this respect and we accept no responsibility for any malicious code that may be introduced into your system by using this Blog.

6.    Intellectual Property

All intellectual property in relation to content on this Blog belongs to MCB or his licensors. You obtain no interest in that intellectual property. All content on this Blog is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You may download and view content or print a copy of material on this Blog for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by MCB. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on my Blog without the copyright or trademark owners’ permission.

Logos and trademarks may be displayed on this Blog from time to time. These may belong to third parties. Nothing displayed on this Blog should be construed as granting any licence or right of use of any logo or trademark displayed on this Blog, without the express written permission of the relevant owner.

6. Access

Although MCB will endeavour to provide constant, uninterrupted access to this Blog, MCB cannot and does not guarantee this and accepts no responsibility or liability for any interruption or delay.

7. Liability and Indemnity

You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on this Blog.

You agree that under no circumstances will I be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits whatever nature howsoever arising from:

(a)   The use of or access to, or any inability to use or access, this Blog or any material on this Blog;

(b)   Unauthorised access to or alterations of your transmissions or data; or

(c)    Statements or conduct of any third party on the Blog.

8. General

These Terms may be varied from time to time at MCB’s sole discretion.  Please ensure that you review these Terms regularly.  Your continued use of the blog will constitute acceptance of all variations to the Terms.

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